United States v. Twelve Miscellaneous Firearms

ORDER

McDADE, District Judge.

Before the Court is Claimant F.J. Vollmer & Company, Inc. and Claimant Kenneth L. Nevius’ Motion to Dismiss Plaintiffs First Amended Complaints filed in the above captioned cases.

To sustain a dismissal of a complaint under Fed.R.Civ.P. 12(b)(6), the Court must take all well-pleaded complaints as true and construe the complaint in the light most favorable to the Plaintiff to determine whether Plaintiff is entitled to relief. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-102, 2 L.Ed.2d 80 (1957). “The issue is not whether Plaintiff will prevail but whether…